Dear Pot Lawyer,
Is it really a felony to process weed extracts in Oregon?
For the month of March, the answer was yes. In fact, when I sat down to write this column on March 23, things looked bad for the foreseeable future. Then suddenly, the clouds parted and the Oregon Health Authority (OHA) announced a workaround, where the total ban on processing extracts would lift on April 1. This was big news indeed.
Under a very new law, House Bill 4014, unlicensed processing of weed extracts became a Class B felony as of March 1. In response—and because OHA had not yet begun to license processors—the agency decreed that dispensaries could sell off their existing inventory, but not stock anything new. Shelves emptied quickly, because the cutoff date for restocking was March 1.
An Oregon Class B felony carries a maximum prison term of 10 years, and a max fine of $250,000. So if you are processing oil, shatter, or wax, you should stop that until April 1. On that day, if you come up with the $500 down payment to apply for a medical processing license with OHA, you may proceed. This is very good news, because previously the state explained that no processing could occur until applicants were actually licensed. In fact, OHA had leveled with everyone and advised that acquiring a license would take “at least a few months.”
Was the legislature trying to single out extracts in particular? Definitely.